Shobha Mohindra (Deceased) vs Chandrakant… — Succession and Inheritance | Bombay HC (2025)

Shobha Mohindra (Deceased) vs Chandrakant… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioner for the properties left by the deceased and shown in the schedule, in prescribed format as per the Indian Succession Act, 1925; petitioner directed to file an account as undertaken in the Petitioner's Oath within the stipulated period; before issuance of the grant, the office to verify that no cross-petition is pending or caveat resisting the petition is filed.

Issue for consideration

Whether the petitioner, widow of the deceased, is entitled to Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased. +1 more

Court's answer

Petition allowed; Letters of Administration granted to the petitioner, widow of the deceased, for the properties left by the deceased and shown in the schedule, in the prescribed format as per the provisions of the Indian Succession Act, 1925.

Ratio / Principle

The petition was treated as uncontested; the facts stated by the petitioner on oath remained unchallenged and were required to be accepted.

Detailed headnote1 paragraphs

Testamentary Petition 71.TP/280/2025 under the Indian Succession Act, 1925 filed by Shobha Mohindra, widow of Chandrakant Purshottam Samani alias Chandrakant P. Samani (who died on 17-08-2024 at Mumbai), for Letters of Administration to the properties left by the deceased and shown in Schedule-I of the petition. The petition was treated as uncontested; the facts stated by the petitioner on oath remained unchallenged and were accepted, counsel relying on the Hindu Succession Act, 1956 (petitioner being the widow). By order dated 20th March 2025, the petition was allowed and Letters of Administration were granted for the scheduled properties in the prescribed format, subject to the petitioner filing an account as undertaken in the Petitioner's Oath within the stipulated period, and subject to office verification, before issuance of the grant, that no cross-petition is pending or caveat filed resisting the petition.

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 20th March 2025

FOR COMPLIANCE:

TP/280/2025 P. Shri. Pranav Khatkul i/b Janu V. Gulati Ld. Advocate for the C. : (AMH202300551 Petitioner 10C202400014)

This is a petition for grant of Letters of Administration, under the Provisions of Indian Succession Act, 1925 (for short “IS Act”) for the properties left by the deceased, namely Chandrakant Purshottam Samani alias Chandrakant P. Samani (For short “Said deceased”). The petitioner, namely Shobha Mohindra widow of Chandrakant Purshottam Samani, has filed documents.

I have heard Ld. Advocate. I perused the documents, such as true copy of the death certificate of the deceased, identity proof of the deceased, oath in the prescribed format, affidavit of service citation.

Said deceased died as a married on 17-08-2024 at Mumbai leaving behind him legal heirs, shown in the paragraph No. 4 of the petition. Petitioner states that there are no other legal heirs to the deceased, except heirs shown in the petition. Deceased left properties shown in the schedule-I of the petition.

Citation was issued, which has been duly affixed on the Notice Board of the Hon’ble High Court and notice board of the Collector’s Office at Mumbai and 14 days have been expired vide Rule 397(1) and (4) of the Bombay High Court(O.S.) Rules, 1980(for short “BHC Rules”) and an affidavit to that effect has been filed. Notice to collector has been issued vide Rule 396 of BHC Rules. Till today, no one appeared to resist the claim of the petitioner or nothing is brought to the notice regarding pending litigation pertaining to the same properties. Hence, the petition is

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treated as uncontested one.

Ld. Advocate for the petitioner submitted that in view of provisions of the Hindu Succession Act 1956, the petitioner, being Widow of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by petitioner, on oath, remained unchallenged and required to be accepted. Accordingly, petition deserves to be allowed, as prayed for. Hence, following order:

ORDER

1. Petition is allowed and the Letters of Administration be granted to the petitioner for properties, left by the deceased and shown in the schedule, in prescribed format as per the provisions of the Indian Succession Act, 1925.

1. The petitioner to file an account as under taken in a Petitioner’s Oath within stipulated period.

1. Before issuance of the grant, the office to verify that there is no cross Petition is pending or caveat resisting the petition is filed.

20th March 2025 Officer on Special Duty, with Testamentary Department